Skip to main content

Question concerning marital property division

Savannah, GA |

Several years after marrying I received an injury settlement which I used to purchase property/build our family's home. In the twenty years since, my husband & I have divorced & remarried (the house was in my name when we remarried) & he has moved out & in many times. Although I have always been the one with the reliable income/made house payments/provided health benefits - recently health issues have made me unable to work (on disability). Now, he has announced he wants to divorce & sell the house - he says he is entitled to half. Is this true? Since being unable to work, my Dad has been helping with house payments. Can I give the house to him? If I did, how would this affect my husband's rights? Also, once I file, will this prevent him from being able to move in and out at will? Thanks.

Attorney Answers 3

Posted

First of all, a panicked just before a divorce transfer could embroil your father in a divorce and suit. People don't "get half" in Georgia. We have equitable division, not community property. Whether he has a claim to some of the house depends on details you didn't provide, and it woul;d be in your interest to see a lawyer right away to protect your interests.

ATTORNEY GLEN ASHMAN 404-768-3509 www.glenashman.com . If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

Mark as helpful

2 lawyers agree

Posted

Assuming that you did not put the house into husband's name then he is not entitled to half, but he might be entitled to some of the equity from the house. It is a bad idea to transfer ownership to a family member. You need an experienced divorce lawyer to help you sort this lengthy history out.

Mark as helpful

1 lawyer agrees

Posted

Mr. Ashman is right - your husband is not entitled to half. But he is probably entitled to something in an equitable distribution of the marital estate. Determining what is part of the marital estate is complicated and will require the advice and services of an experienced divorce attorney. This is especially true in your case since the married and remarried status complicates the marital estate, and your inability to work adds a layer of complexity. Seek help sooner rather than later.

Mark as helpful

Divorce topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics